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CONFIDENTIAL

Apr. 20, 2002

Torts
Elder Abuse
Nursing Care Negligence

Confidential

Settlement –  $385,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Gary N. Stern
(Gelfand & Gelfand)

Howard D. Krepack


Experts

Plaintiff

Patricia DiLeva
(medical)

Facts

The plaintiffs are the surviving sons of the decedent mother, age 96. She had been admitted to the defendant
nursing home on Jan. 14, 2000 in stable general medical health. Until then she had been living independently
in her own home, but, in early 2000 she had fallen and had sustained fractured ribs. Her past medical history
was significant for asthma, chronic obstructive pulmonary disease, osteoporosis, arthritis and diabetes.
After her fall, she was hospitalized in otherwise stable condition. She was stabilized in the hospital and by Jan.
14, 2000 was ready for transfer to the defendantÆs skilled nursing facility. The inter-facility transfer record
provided to the nursing home stated that the decedent was awake, alert and pleasant. After only a short time at
the defendant facility, the decedent showed signs of systematic deterioration. She was placed on psychotropic
medications which made her lethargic.
By Feb. 27, 2000, the decedent was virtually in a coma and was taken to the hospital in a severely dehydrated
and obtunded state and was suffering from an untreated urinary septic condition.

Settlement Discussions

The plaintiffsÆ premediation demand was $650,000. No offer was submitted.

Damages

Wrongful death damages and enhanced remedies under the Elder Abuse and Dependdent Adult Civil Protection Act.

Injuries

Wrongful death damages and enhanced remedies under the Elder Abuse and Dependent Adult Civil Protection Act.


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